T 0565/16 of 12.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T056516.20210212
- Date of decision
- 12 February 2021
- Case number
- T 0565/16
- Petition for review of
- -
- Application number
- 07842194.8
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- MEDICAL FLUID SYSTEM WITH FLEXIBLE SHEETING DISPOSABLE UNIT
- Applicant name
- Baxter International Inc.
Baxter Healthcare S.A. - Opponent name
- Fresenius Medical Care Deutschland GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(3) (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Novelty - (yes)
Inventive step - (yes)
Amendments - added subject-matter (no)
Late-filed request - admitted (yes)
Late-filed request - justification for late filing (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0598/20
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
Claims 1 to 13 of the main request filed with the latter dated 10 February 2021
Description: pages 2 to 29 of the patent specification
Drawings: sheets 1 to 35 of the patent specification